Prosecutors have information indicating that Freddie Gray“attempted to injure himself” during a previous arrest, but have intentionally withheld it from their criminal case against the six Baltimore police officers charged in Gray’s apprehension and death in April, the officers’ attorneys said in a court filing Thursday.

“Based upon information and belief, the State’s Attorney’s Office was informed of this fact, yet failed to disclose to the Defendants any statements, reports, or other communications relating to this information,” they wrote.

[…] In their filing Thursday, the defense attorneys said prosecutors have withheld “multiple witness statements from individuals who stated that Mr. Gray was banging and shaking the van at various points” after his arrest April 12, as well as “police reports, court records, and witness statements indicating that on prior occasions, Mr. Gray had fled from police and attempted to discard drugs.”

A spokeswoman for State’s Attorney Marilyn J. Mosby declined to comment. But in a court filing, prosecutors have said they gave defense attorneys all the evidence to which they are entitled last month as part of the discovery process....

The defense is entitled to the requested evidence if it exists. Withholding it would result in at a minimum a new trial and perhaps in sanctions against the state.

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